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LEGISLATIVE FRAMEWORK  FOR THE DOMESTICATION OF THE MONTREAL PROTOCOL LEGISLATIVE FRAMEWORK  FOR THE DOMESTICATION OF THE MONTREAL PROTOCOL

LEGISLATIVE FRAMEWORK FOR THE DOMESTICATION OF THE MONTREAL PROTOCOL - PowerPoint Presentation

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Uploaded On 2023-06-24

LEGISLATIVE FRAMEWORK FOR THE DOMESTICATION OF THE MONTREAL PROTOCOL - PPT Presentation

ABENA AYENSUWORSHIE GHANA OUTLINE domestic and international law Legal and Institutional Arrangement for the control of HCFCs amp other ODS Institutional Arrangements Legal and Institutional Arrangement for HFC phase down ID: 1002987

institutional control act legal control institutional legal act arrangement phase ghana management hfc ods emissions regulations refrigeration refrigerants epa

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1. LEGISLATIVE FRAMEWORK FOR THE DOMESTICATION OF THE MONTREAL PROTOCOLABENA AYENSU-WORSHIEGHANA

2. OUTLINEdomestic and international law;Legal and Institutional Arrangement for the control of HCFCs & other ODSInstitutional ArrangementsLegal and Institutional Arrangement for HFC phase downLegal and Institutional Arrangement for the control of emissions;Proposal for HFC phase-down.

3. LEGAL AND INSTITUTIONAL ARRANGEMENT FOR THE CONTROL OF HCFC & OTHER ODSGhana Ratified the Montreal Protocol in 1989, In 1991, Ghana conducted a survey and it confirmed that the country does not produce but imports all ODSs. In 1992 a programme to Phase-out Ozone Depleting Substances (ODSs) was approved by the Executive Committee of the Multilateral Fund at its 8th Meeting

4. LEGAL AND INSTITUTIONAL ARRANGEMENT FOR THE CONTROL OF HCFC & OTHER ODS con’tGhana established a National Ozone Unit within the EPA:The mandate of the Unit is to coordinate all activities required for the implementation of Ghana's strategy in all areas related to the Phase-out of OzoneThe Unit also creates awareness of awareness on ODS phase-out among all stakeholder groups.

5. LEGAL AND INSTITUTIONAL ARRANGEMENT FOR THE CONTROL OF HCFC & OTHER ODS con’tEPA Act regulates the manufacture and sale of both industrial chemicals and Pesticides in GhanaThe Management of Ozone Depleting Substances and Products Regulations, 2005 (LI 1812) was enacted under the EPA Act, 1994, Act 490 to domesticate Ghana’s obligations under the Montreal Protocol;The regulations uses the quota, permit and licensing system to regulate controlled substance and products imported into the country

6. INSTITUTIONAL ARRANGEMENT Ghana uses a Participatory Approach for the management of ODS and works in close collaboration with the following institutions among others which have representatives serving on the NACODS in the implementation of the protocol: Ministry of Environment Science, Technology and Innovation Customs, Excise and Preventive Division of Ghana Revenue Authority Ghana Association of Industries Ministry of Agriculture Ministry of Trade and Industries Meteorological Services Department Factories Inspectorate DepartmentThe AcademiaCivil Society

7. LEGAL AND INSTITUTIONAL ARRANGEMENT FOR HFC PHASE DOWN The following legislations in addition to the EPA Act are already in place:Management of ozone Depleting Substances and Products Regulations, 2005, LI (1812);Prohibition of Manufacture, Sale and Importation of Incandescent filament Lamp, Used Refrigerators, and used Air-Conditioners Regulations, 2008, (LI 1932) which was enacted under the Energy Commission of Ghana’s parent Act. Hazardous and Electronic Waste Control and Management Act, 2016 (Act 917) provides for the control, management and disposal of hazardous, electrical and electronic waste in Ghana.

8. LEGAL AND INSTITUTIONAL ARRANGEMENT FOR HFC PHASE DOWNSection 20 of Act 917 prohibits the importation and exportation of used or discarded electrical or electronic equipment unless the person has registered with the Agency and have obtained an Environmental Permit.The Hazardous, Electronic and Other Wastes (Classification) Control and Management Regulations, 2016 (LI 2250) enacted under Act 917 regulates waste in Ghana.The First Schedule of LI 2250 prohibits the importation of used refrigeration compressors in the country.

9. LEGAL AND INSTITUTIONAL ARRANGEMENTS FOR THE CONTROL OF EMISSIONS FROM HFCSThere is currently no existing legislation to regulate emissions of ODSs and other refrigerants.For emissions control a projected percentage of 10% of Technicians have the required equipment for the recovery of refrigerants.Even though about 70% of Technicians have undergone training in refrigeration practices, their financial situations has prevented them to acquire the appropriate equipment for their practice.

10. PROPOSAL FOR HFC PHASE-DOWNAmend LI 1812 to include the new HCFs under the Kigali and also emissions from both ODS and HFC.Amend LI 1932 to include used refrigeration;Work with Customs Division to review their verification system.Proposal for a National Policy to introduce an Incentive system for the use of climate/environmental friendly refrigeration;Intensify education and awareness creation of the general public on the benefits of using climate friendly refrigerants. Extend technical training to Legal Experts, Legislators for fast ratification and the Judiciary for ease of adjudication There should be alternative refrigerants which are environmental friendly, affordable and available on the market for use by the Technicians.

11. CHALLENGESDelays in obtaining approvals from cabinet for ratification;Delays at the Attorney Generals Department due to work loads;Technical nature of the legislation;Workload of Parliament can delay a legislation – during election periods.Not policing Ratification instrument can cause delays.

12. Thank youABENA AYENSU-WORSHIE –SENIOR LEGAL OFFICER EPA abenaayensu@gmail.com